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DUI - The Basics
In every state, it is a crime for a driver to operate a vehicle while
impaired by the effects of alcohol or drugs. The specific offense may be
called driving under the influence (DUI), driving while intoxicated
(DWI), operating under the influence (OUI), and even operating a motor
vehicle intoxicated (OMVI). Whatever the specific title, DUI laws make it
unlawful for a person to operate a car, truck, motorcycle, or
commercial vehicle if:
The driver's ability to safely operate the vehicle is impaired by the
effects of alcohol, illegal drugs, prescribed medications such as
painkillers, or even over-the-counter medications such as antihistamines; or
The driver is intoxicated at a level above established DUI standards,
such as blood-alcohol concentration (BAC).
Field Sobriety and Chemical Tests
When a law enforcement officer makes a vehicle stop and suspects that
the driver may be intoxicated, the officer will conduct a "field
sobriety" test on the driver, and may ask for his or her consent to some form
of chemical test for intoxication.
Field sobriety tests usually involve a police officer asking a driver
to perform a number of tasks that assess any impairment of the person's
physical or cognitive ability. Examples of field sobriety tests include
having the driver walk a straight line, heel to toe; having he or she
recite the alphabet backwards; and the officer's use of the "horizontal
gaze nystagmus" (eye and penlight) test.
Chemical tests can be conducted during the vehicle stop, using a
Breathalyzer that measures a driver's blood-alcohol concentration (BAC), or
at a hospital, where urine and blood tests can be performed. Many states
allow a driver suspected of DUI to choose which type of chemical test
is administered.
Refusing a Chemical Test: "Implied Consent" Laws
All states have "implied consent" laws that require vehicle drivers to
submit to some form of chemical test, such as breath, blood, or urine
testing, if suspected of DUI. The logic behind such laws is that, by
assuming the privilege of driving a vehicle on state roads and highways,
drivers have effectively given their consent to DUI testing when a
police officer reasonably believes the driver is under the influence of
alcohol or drugs. If a driver refuses to submit to such testing, implied
consent laws carry penalties such as mandatory suspension of a driver's
license, usually for six months to a year. Often, license sanctions for
test refusal are more harsh than those imposed after DUI test failure.
In most states a driver's refusal to submit to a chemical test may be
used to enhance the penalties imposed if he or she is eventually
convicted for DUI.
DUI - The Basics
In every state, it is a crime for a driver to operate a vehicle while
impaired by the effects of alcohol or drugs. The specific offense may be
called driving under the influence (DUI), driving while intoxicated
(DWI), operating under the influence (OUI), and even operating a motor
vehicle intoxicated (OMVI). Whatever the specific title, DUI laws make it
unlawful for a person to operate a car, truck, motorcycle, or
commercial vehicle if:
The driver's ability to safely operate the vehicle is impaired by the
effects of alcohol, illegal drugs, prescribed medications such as
painkillers, or even over-the-counter medications such as antihistamines; or
The driver is intoxicated at a level above established DUI standards,
such as blood-alcohol concentration (BAC).
Field Sobriety and Chemical Tests
When a law enforcement officer makes a vehicle stop and suspects that
the driver may be intoxicated, the officer will conduct a "field
sobriety" test on the driver, and may ask for his or her consent to some form
of chemical test for intoxication.
Field sobriety tests usually involve a police officer asking a driver
to perform a number of tasks that assess any impairment of the person's
physical or cognitive ability. Examples of field sobriety tests include
having the driver walk a straight line, heel to toe; having he or she
recite the alphabet backwards; and the officer's use of the "horizontal
gaze nystagmus" (eye and penlight) test.
Chemical tests can be conducted during the vehicle stop, using a
Breathalyzer that measures a driver's blood-alcohol concentration (BAC), or
at a hospital, where urine and blood tests can be performed. Many states
allow a driver suspected of DUI to choose which type of chemical test
is administered.
Refusing a Chemical Test: "Implied Consent" Laws
All states have "implied consent" laws that require vehicle drivers to
submit to some form of chemical test, such as breath, blood, or urine
testing, if suspected of DUI. The logic behind such laws is that, by
assuming the privilege of driving a vehicle on state roads and highways,
drivers have effectively given their consent to DUI testing when a
police officer reasonably believes the driver is under the influence of
alcohol or drugs. If a driver refuses to submit to such testing, implied
consent laws carry penalties such as mandatory suspension of a driver's
license, usually for six months to a year. Often, license sanctions for
test refusal are more harsh than those imposed after DUI test failure.
In most states a driver's refusal to submit to a chemical test may be
used to enhance the penalties imposed if he or she is eventually
convicted for DUI.
